Australian Law Reform Commission—Report 143
1303. Hon Michelle Boylan to the parliamentary secretary representing the Attorney General:
I refer to recommendations 28 to 30 of Australian Law Reform Commission report 143 on the greater use of prerecorded testimony, an issue that remains in Western Australia after the passage of the Evidence Act 2025, and to the Sexual Violence Prevention and Response Strategy 2025–2035, which includes no commitment to improving how survivors give evidence.
(1) Why were prerecorded evidence reforms not included in the Sexual Violence Prevention and Response Strategy 2025–2035?
(2) When will survivors in regional WA have an easier way to give evidence than having to testify in a traditional courtroom?
Hon Dan Caddy replied:
I thank the member for some notice of the question.
(1) Implementation of the Sexual Violence Prevention and Response Strategy 2025–2035 is guided by action plans. Action item 18 in the First Action Plan relates to the implementation of the Evidence Act 2025.
(2) The act contains significant protections and assistance measures for victims of sexual assault. It maintains and improves two currently available witness assistance measures—prerecording orders and video link separation orders. Courts will be permitted to make these orders in any circumstances they consider appropriate. The act also provides that witnesses who are complainants in criminal sexual assault matters are to automatically be treated as special witnesses, which entitles them to certain supports and assistance. As stated during Parliament's consideration of the legislation, approximately 18 months is required to prepare for its commencement.
